So here we are at the start of another week, today we start with the news from the courts at the end of last week, we also republish the link to a TVE 1 news report about timeshare law in Spain and an interview with Eva Gutiérrez from Canarian Legal Alliance. We also highlight a new “claims” company that has just come to our attention.
At the end of last week after publishing out Letter from America, Canarian Legal Alliance published their results for the week. Once again it was a busy week for the courts and the lawyers with no less than 15 new victories on behalf of their clients.
In frame with the most rulings against them was once again Anfi Del Mar, with 10 cases heard by the Court of First Instance of San Bartolomé de Tirajana in Maspalomas. In the High Court of Las Palmas Gran Canaria, Anfi del Mar had 4 appeals rejected and sent back to the lower courts for the execution of sentence.
In Tenerife at the High Court in Santa Cruz, Silverpoint also lost an appeal, with the case being sent back to the Court of First Instance, again for the execution of sentence.
The total amount being returned to clients is a massive 517,056.50€ this amount doe not include legal fees or legal interest that is calculated separately. Contracts were also declared null and void. The infringements of the timeshare laws ranged from contracts over 50 years in duration, floating weeks and points systems plus the taking of payments within the 14 days cooling off period.
Considering the Supreme Court rulings of which there are 129, and the number of cases being found against the timeshare companies at the lower courts, it does make you wonder why the timeshare companies insist on prolonging the process and taking the lost cases to appeal. All we can surmise is that they are trying to delay making any payments as they still believe the courts have interpreted the law incorrectly.
In response to that belief, Inside Timeshare republishes a link to the National Spanish TV Station TVE1, in this news item they look at the Supreme Court rulings and explain why the timeshare companies are being taken to court. In the item, they also interview one of the Senior Lawyers at Canarian Legal Alliance Eva Gutiérez. This clip will put you the reader in doubt as to who is telling the truth.
Another new name in the “claims” business has just come to our attention, Refund My Claim with the website:
It was registered on 9 February 2019 with the actual owner and registrar being hidden, the website has been regestered for one year only and is set to expire on 2 February 2020, these are never good signs.
The website itself gives very little information, with no company registration details only the company address, telephone number and email:
53 Fountain Street, Manchester, M2 2AN. Once again this is rented office space with postal and telephone answering service run by Regus, one of the biggest suppliers of serviced and rental office space on long term or daily basis.
On their Home Page, they state, “We are a free advice service that identifies the best Lawyers, Solicitors or Claims management company that best suits you for your claim.” They also explain the “Claims management” is big business in the UK and then go to list all the types of claims they work with including timeshare.
Now considering the age of the website, the lack of company information, no Company House registration and no mention of any lawyers or regulated claims managment company names, makes this is look like a very dodgy set up.
If you are contacted by any company with offers of getting you your money back for any timeshare or holiday club, do your homework before engaging with them. Make sure they are genuine, if you need help or advice on this, then use our contact page and we will be happy to help.
Tomorrow in our Tuesday Slot we publish an article titled How is a Timeshare Point Valued, this has been written by an Industry Insider and we have kept them anonymous as per their wishes. So join us tomorrow for more information and news on the world of timeshare.
Welcome to this weeks Tuesday Slot article by Irene Parker, who introduces us to Michael Santos, but first, Monday, May 27 was a major holiday in America. Memorial Day honours veterans & soldiers who work to defend even those who may seek to do them harm. Yesterday Inside Timeshare heard from veteran/active duty service member #105 asking about unfair and deceptive timeshare sales practices. Many of the veterans who have reached out to Inside Timeshare are disabled, five from Agent Orange. We hope other members of the military will reach out to us because when buying a primary residence greater disclosure is required. We are reaching out to provide the same for veterans applying for a timeshare loan. Too many have been financially ruined because they believed false promises made by timeshare sales agents. The Free at Last Timeshare Member Support Manual is another tool in our arsenal to fight timeshare corruption.
Meet Michael Santos, no stranger to struggle. Rather than succumb to despair, as many would, Michael faced his challenges head-on. Struggle is struggle. His admitted bad decisions led him to serve 25 years of a 45-year prison sentence. While incarcerated, Michael earned an undergraduate degree in Human Resources Management and a master’s degree. Now he works to serve others in struggle through education, contribution to society, and a support network of people who believe in you.
Michael’s story: 9,135 Days in Prison TEDXConstitutionDrive 2013
I need help. I’m struggling, overwhelmed, with unending calls from infuriated timeshare members, many financially devastated because timeshare sales agents got away with unfair and deceptive sales practices. While top liars earned $1 million or more annually until eventually terminated, family after family described to me how they were lied to. Particularly painful to me are the stories of veterans and active duty service members harmed by timeshare. A timeshare foreclosure can result in the loss of security clearances.
How can I leverage my time and our team’s limited resources?
Enter Michael Santos of Prison Professors, Straight-A Guide Foundation
Continues with Aspiration, Action, Accountability, Awareness of Opportunities, Achievement, and Appreciation of Resources
In addition to offering a sophisticated platform that has been helping the incarcerated work towards release and reentry back into society, Michael teaches adversity skills. The Straight-A Guide Foundation helps 100,000 people every year, teaching people in struggle how to prepare for success.
Employing these same adversity skills, Michael Santos and I developed a timeshare self-help manual to leverage our timeshare team’s efforts, and the efforts of others experienced in the field of timeshare.
Unfair and deceptive timeshare sales practices don’t just harm timeshare members. Honest timeshare sales agents, managers, and even an executive or two have expressed their frustration over spotty and inadequate state regulation and a Pollyanna attitude on the part of timeshare lobbyists and developers insisting all is well in timeshare.
Dr Amy Gregory, PhD in Hospitality Management from the University of Central Florida and Masters in International Business Administration from the Thunderbird School of Global Management was a presenter at a 2017 timeshare ARDA World convention. She describes statistics that tell a different timeshare tale, as reported by RedWeek’s chief correspondent, Jeff Weir:
Here are some of Dr Gregory’s findings:
The average rescission rate is 15 per cent (which is identical, ironically, to the daily average percentage of people who buy a timeshare after a sales presentation).
A whopping 85 per cent of all buyers regret their purchase (for money, fear, confusion, intimidation, distrust and other reasons).
Forty-one per cent of buyers never thought they would regret their purchase, but they did;
30 per cent were neutral prior to buying but then regretted it.
Wondering if there is something wrong with me, I contacted timeshare law firms and timeshare exit service providers across the country and learned that they are also frustrated with this “see no evil, hear no evil, speak no evil” media spin strategy on the part of the industry.
Two of the exit companies I contacted reported that they received 3,000 to 3,500 calls a month from people seeking timeshare relief. Both companies said they only accept as clients, less than 200 callers, as the timeshare member must meet their timeshare deceit criteria.
What happens to the 2,800 or so turned away? Even if your only option is to foreclose, thanks to the orchestrated lack of a secondary market, these members need support. As if someone broke into your home, you feel violated, alone. Most begin their call to me with, “I feel so stupid.” I respond that I have heard from a detective who works economic crimes undercover, two counter-terrorism experts, two private detectives, a professor with a PhD in criminology, an ICE agent with an M.S. in Criminal Justice, all describing how they were duped by timeshare sales agents.
If you take the time to listen to the entire 20 minutes of Michael’s Top Ten Surrender Tips before Surrendering to Federal Prison, it’s easy to see how prison adversity skills carry over to timeshare adversity:
Michael’s Ten Tips
Understand your Finances
Develop a Reading Plan
Journal, Write and Publish – Writing is Therapeutic!
Personal Belongings – One Navy veteran charged $2,700 a month in timeshare loan payments to credit cards. He lived in fear of losing his home and had to seek advice from a bankruptcy attorney.
Prepare for Communication
Set Your Values and Goals and Create Timelines
Create an Accountability Metric Adhering to Timelines
Quadrant Adjustments Reflecting New Opportunities and Opportunity Costs Visualize/Plan/Prioritize/Execute
Release Plan – Think about your day of release!
Hoping to leverage what I and others have learned, I support the Free at Last Timeshare Support Manual lending what I’ve learned to others. All proceeds from our manual are to be donated to the Straight-A Guide Foundation. Together we will work alongside those in prison or formerly incarcerated to become Free at Last. I’m pretty sure Dr Martin Luther King, Jr. would support our borrowing his prayer.
I think it was Ella Fitzgerald who said her momma told her, “Go out and make something happen. If you’re not going to make something happen – stay out of the way!” Morgan Freeman said it another way:
These self-help groups were launched and subscribed to by doers seeking:
A way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.
15 in the Courts of First Instance against Anfi Del Mar
3 High Court against Anfi Del Mar
2 Court of First Instance against Silverpoint
2 High Court against Silverpoint
1 Court of First Instance against Club La Costa
1 High Court against Holiday Club Finland
All contracts were declared null and void and in most cases, clients received back their legal fees plus legal interest.
The total being returned to clients is a staggering 787,664.00€
Obviously some very happy clients but some very unhappy and embarrassed timeshare companies. Well, they only have themselves to blame!
Do you have any questions about your timeshare purchase, want to know if you have a claim or want to just get out, have you been contacted by a company offering you a service and want to know if they are genuine?
Then use our contact page and get in touch, we will point you in the right direction with the best advice available.
Welcome to The Tuesday Slot, this week Irene Parker asks the question Wait! What Timeshare Regulations? But first, we have an update on the last 2 weeks of court cases in Spain, these figures came in late Friday afternoon, just a little too late to include in Friday’s Letter from America.
In total, Canarian Legal Alliance has received 38 sentences by various courts in Spain, these have been against 3 of the major players in European timeshare and are broken down as follows.
2 Court of First Instance against Silverpoint in Tenerife
1 Court of First Instance against Club La Costa in Fuengirola, Malaga
In one of the High Court sentences against Anfi, they were also ordered to repay the client the in-house finance including interest, this may just be good news for others who purchased their timeshare using in-house finance. It certainly sets a precedent.
The total amount which will be returned to the clients is an incredible 1,310,533.00 €, plus in most of the cases the return of legal fees and legal interest. All contracts were also declared null and void leaving them all timeshare free.
At least in Spain, there are regulations that protect consumers, so now on with our Tuesday article with Irene.
I enjoyed reading Are Timeshares Worth the Money in the Long Run?published by Women Who Money. I agree with the author’s major points, except “regulations being in place to protect timeshare consumers.” Having heard from timeshare members about how easy it is for a timeshare sales agent to dodge a contract rescission period, I wonder if there is any foolproof way to prevent being scammed. Some things, like actual availability, cannot be discerned by reading the contract. My contract said, “You can sell your points. We will not assist you.” The part about no buyers was left out. I was duped by reading the contract.
House, Senate and Assembly Bills are flying across the country. The timeshare PAC ARDA ROC was successful in extracting consumer protection measures out of Arizona HB 2639, as reported by The Courier Daily.
“They’ve got a lobbying presence here and around the country,” added Amanda Rusing who lobbies for the office, “It was very disappointing to have to remove all of the stronger, pro-consumer provisions.”
Timeshare members “voluntarily” contribute approximately $5 million annually to ARDA ROC via maintenance fee invoices. ROC stands for Resort Owners Coalition. Why would any organization oppose offering a buyer 24 hours before signing a perpetual contract with no secondary market? Buyers are told that they have to buy the same day.
We are asking legislation be proposed that would allow the timeshare member 24 hours to review a contract before signing. We understand a member may not want 24 hours to review, so this offer could be waived. This offer should not be buried in the tap, tap, tap, electronic fine print. Members often report being held under duress for up to eight hours by a tag team of agents. Some sales centers take your driver’s license and credit card and won’t give them back.
ARDA ROC introduced legislation in Nevada and Florida that would require those contracting with timeshare exit service providers be given 24 hours to review a timeshare exit service provider contract. This was proposed because they care about their members experiencing deceptive sales practices? Give me a break.
We would think it silly if a bill was proposed requiring those who seek to buy a car be allowed 24 hours before signing a contract. Typically when buying a car, you shop, and a tag team of agents doesn’t gang up on you for hours.
A synopsis of recent Florida, Arizona and Nevada legislation:
Timeshares are regulated by states. Since timeshare buyers typically buy a timeshare in a state other than their state of residence, lawmakers have little incentive to react to non-constituents. Lawmakers need to listen to those who bought a timeshare in their state, not just those who reside in their state.
I found the Woman Who Money article, “Are Timeshares Worth the Money in the Long Run?” on Lisa Ann Schreier’s Timeshare Crusader blog. Having worked in the industry for years, Lisa’s knowledge brings a lot to the table. Lisa is the author of Timeshare Vacations for Dummies.
From Women Who Money
Regulations now exist to help protect consumers from high-pressure sales tactics. If you buy a timeshare and quickly regret it, you may have options for getting out of the signed contract.
Timeshare expert and author of Timeshare Vacations for Dummies
“While it is true that each state has a legally mandated rescission period, the fact of the matter is that 99% of purchasers will not read the contract within that time frame. The days of relying on the salesperson for good, solid information are over. Consumers must go into these timeshare sales pitches armed with a litany of questions and be prepared to walk out without purchasing anything if they don’t receive answers that can be pointed out within the contract.”
My husband and I used and enjoyed our timeshare for 25 years with no complaints, questions or Facebook posts. The points-based product does offer greater flexibility. We’re not saying timeshares aren’t good for many, and we know there are many honest sales agents, but I am convinced after hearing from over 800 timeshare members, current and former sales agents, managers and even an executive or two, “pitching heat” is on the upswing.
Timeshare buyers should record their timeshare sales sessions in one-party states where legal. Florida is a two-party state, so you cannot legally record without the other person aware. How is a victim supposed to obtain proof? All our readers’ Florida and Nevada timeshare complaints sent to the Nevada Real Estate Division and Florida Department of Business & Professional Regulation were dismissed with “You have no proof.” I would recommend not buying a timeshare in a two-party state.
One of our Supporters, Sheila Brust, has her “Pencil Pitch” denoting the following figures, with an arrow and “save” written alongside:
According to Sheilah, the three-page pencil pitch describes how she would be able to cover all her maintenance fees through point usage. A second and third buyer bought from the same sales agent. The Florida DBPR reviewer told Sheilah that she did not understand the program either until she spoke with the company’s attorney. What chance does the average consumer have if a Florida timeshare reviewer, who has reviewed hundreds, if not thousands of timeshare contracts, did not understand the program until she spoke with the company’s attorney?
As far as proof, 83 Platinum members, who don’t know each other, reported similar to identical complaints, often against repeat offender sales agents. I’m told that constitutes proof as it is a good faith investigation and a reasonable conclusion. We have prepared a 130-page summary which is available upon request if a lawmaker or regulator is interested. We can hope.
We are working on a petition. If you would like to become more involved with our efforts, contact Inside Timeshare. Of the 805 timeshare members who have contacted us, 103 are veterans and active duty services members.
We seek to provide timeshare members with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market and to educate prospective buyers.
Thank you, Irene, and also Lisa Ann Schreier for your contribution, if you have any comments or views on any article published, please use our contact page, we would love to hear from you.
If you have been contacted by any company with regards to resale, relinquishment or a claim and you are unsure if they are genuine, again use our contact page and let us know. We will point you in the right direction. Remember, doing your homework will save you in the end from losing your money.
Welcome to The Tuesday Slot, this week we have another of our Secret Shopper Reports, coordinated by Pete Gibbes, these articles have proved to be very popular with our many readers. One thing they all comment on is how similar to their own experiences these reports show.
“Thank God It’s April 15 Day!”
For those in the US, the 15 April is the day when many members will receive a tax liability bill if a loan is cancelled. For us, in Europe, we find this very strange, especially for loans linked to timeshare purchases. At least our European members don’t get a tax bill when their loan is cancelled.
Inside Timeshare has directed many back to their CPA to dispute this tax bill for “phantom income” as the former has not been enriched by the cancellation of the loan as they have retained nothing of value.
Now before we go on with our Secret Shopper article, a little news on the legal front from the leading European law firm in timeshare litigation, Canarian Legal Alliance.
With the Easter Holidays now upon us, the lawyers at CLA are having a well-deserved break, especially after the past two weeks of court cases.
In the past five days alone, there have been 25 trial and 20 sentences issued, many of these were pre-trials, with the judges once again confirming that there was no need for the case to go to a full trial. The reason being, these cases are based on documentary proof, they are based on contracts which according to Spanish timeshare law contain illegalities. This is obviously very damaging for the timeshare companies but very good news for the clients.
So to recap, in the past 2 weeks, there has been a total of 26 victory sentences with 24 against Anfi del Mar, all heard in the Court of First Instance, San Bartelomé de Tirajana, Gran Canaria. With 2 High Court, Santa Cruz de Tenerife against Silverpoint. The total amount awarded is a staggering 931,229€ plus all contracts being declared null and void.
Now for our Secret Shopper Report.
How do you define a “Bad Apple” Sales Agent?
It’s in the Eye of the Beholder
By Secret Shopper
Tuesday, April 16
We have all heard stories of outright deception and deceit employed by timeshare salespeople. Many complaints are from those who were convinced to give up their deeded timeshare week and convert to the points-based timeshare.
Fixed week timeshares may lack the flexibility of points, but if you like knowing what you own, a guaranteed stay may mean more to you than flexibility. With a points program, you can stay more or less than a week and book other resorts at other times of the year. However, many have complained that after giving up their deed, they were not able to access even the resort they had vacationed at for years.
Timeshare companies will say that salespeople who use scare tactics represent only a few “Bad Apples” so are not typical. Timeshare Accountability Group™has heard from more than a few members that were frightened into giving up their deed, told their children will be burdened because of their parent’s decision to buy a timeshare. We’re not lawyers, so we defer to timeshare attorney Mike Finn to fill us in on what happens when you inherit an unwanted timeshare. It’s a topic many are interested in, especially as baby boomers age.
Some of the tactics sales agents use to coerce an “owner” to give up a deeded timeshare week to become a “member” are downright predatory and constitute practicing law without a license. This is what happened to Phyllis, age 67, in her own words (unedited):
I am a victim of fraud. I was asked to attend a breakfast to talk about upgrades on a timeshare I own. I was told it would last only 55 minutes. 4 highly pressured sales people took turns on me and held me for 7 hours, bouncing me into 3 different rooms. I told them I didn’t want it and that I already owned the timeshare over and over again. They said I have to buy into the new and I own my timeshare forever, and that I could never get out of it. They said my timeshare went bankrupt and I had to invest with them (the new company) or they would go after my children for payment. I had a panic stress disorder attack. I was tired and hungry. I was tired. In order to get out of there, I signed under dearest. I am a senior citizen 5 feet tall women and he is a 6 feet tall man standing over me stating he was a child of GOD and he can help me then said to me “I am a friend I can tell you the best thing to do only if I signed”. He added the BARCLAYS BANK CREDIT CARD. I was misled to only use the card for shopping that my points would go up and maintenance fees would go down. I never received the card. I never used the card. Now I have a trial date May 8, 2018, to pay their lawyers in the amount of $3446.04. DRI sent a letter stating the timeshare went into foreclosure and I am out of the contract. Since the timeshare and the bank are together I should be out of paying the bank as well? I need help. Could someone give me advice? Can I get someone to go with me and represent me? I am afraid and stressed. Please email me on what I can so as soon as possible. Thank You.
(Submitted to Inside Timeshare)
Our Secret Shopper Experience
In mid-summer 2018, we went on a “mandatory” update after attending a Diamond Resortsevent in Virginia Beach. We are well versed in timeshare methods and had our “ears up” to catch any of the standard tactics they might use to persuade us to convert our two deeded weeks into points.
Despite being ready for the worst, I will openly admit that our salesperson never told us any OVERT lies during our two-hour presentation. He was friendly, polite, and had a long history with Diamond Resorts at various locations throughout the country. He told us where he lived in Virginia Beach (a very expensive waterfront area). He did not lie to us.
That being said, his words were very carefully chosen, and of course, what he didn’t tell us was even more carefully chosen. At a minimum, his pitch was misleading, confusing, full of half-truths, and in my opinion quite diabolical. When someone commits a “material omission” is it a lie? That sounds like a question for attorney Mike Finn.
Let’s see how the game is played
Our salesperson pushed two major discussion points:
1 – Vacation Options:
Our sales agent demonstrated what would happen if we gave up our deeded weeks and purchased 5,000 points. He showed us a world of amazing Diamond Resorts locations on his computer screen. He explained these resorts would be available to us with the 15,000 points in total we would have if we gave up both deeds.
He showed us availability on HIS computer. He said things like “Here, let me show you on MY account” and “the system shows ME availability for these vacations for only 3,000 points… look at all of them!” Yes, many were available on many different dates. Wow, the world would be our Oyster.
Now, all that is technically true, but he presented it in a manner to imply that if we converted to 15,000 non-deeded points, we would see the same availability and options we were shown… but he never actually said that. His online Diamond account is a “Special Sales Double Platinum Account” (a descriptive term as there is no such thing as a Double Platinum loyalty level). It shows everything in the system and probably quite a bit more, but did not display what we would have access to using the proposed 15,000 points (for two weeks).
If the buyer is not allowed onto the booking site until after the contract has been executed, you would not see actual availability at your loyalty level until after the rescission period had passed.
If you knew what to listen for, the agent chose his words incredibly carefully to sidestep the issue. This would have misled us if we were not informed shoppers. In my opinion, it was a shameful sales tactic that almost anyone would likely fall for.
I know that none of the locations available under his sales account would be available to someone with only 15,000 points, especially summer weeks in Virginia Beach, which he was asking us to give up. He repeatedly showed us that Turtle Cay was only 6,500 points for a week vacation in July… which is accurate… if you are one of the handfuls of people in the US with status and connections to get access to that level of availability. It is unlikely at the Silver loyalty level we would ever be able to stay there again even if we were to convert to points. He didn’t mention that.
He also gave us pamphlets describing Diamond Dream Vacations(DDV), also known as Holiday Vacations, which we could take advantage of anytime for 3,000, 7,500, or 15,000 points. Each DDV included two airfares at top-notch accommodations. One package included four days at Diamond’s Mystic Dunes resort along with a five day Caribbean cruise for only 7,500 points.
For those not familiar with points, maintenance fees for Silver level are about $.20 per point so if the Dream Vacation requires 7,500 points, the trip would cost $1,500. Multiply 7,500 points times $.20. Always do your timeshare math. Four nights at Mystic Dunes, two airfares and a five day Caribbean cruise for two for $1,500 is a GREAT deal! It even included rental car discounts.
After submitting this article, Pete explained that these great deals really do exist. I thought they were completely bogus. He said that since these packages are for the purposes of selling points, they are available to anyone who purchases as a “sweetener” or to existing members in an effort to sell more points.
Apparently, tremendous bargains are always promotions. Our sales agent never said Dream Holidays were promotions that would require a sales session. He said “These packages are available anytime” to use his exact wording. Again, he didn’t lie… he just didn’t present an important fact.
2 – Financial Justification:
He presented a very complex 10-year financial analysis showing how it would cost us far less over ten years if we converted to points, even though he wanted us to drop more than $75,000 for 15,000 points, which would have included giving up our two deeded summer weeks. He did not know that I used to be a financial analyst with IBM. I worked on billion-dollar transactions. His spreadsheet was malarkey, and even I couldn’t follow it. Once again, he was not lying; his analysis was just crappy… which is quite common as financials go. Of course, we were not given a copy of any of his figures. When we tried to take it, he whisked it away.
All told, I doubt other salespeople would consider our sales agent a “Bad Apple” as he didn’t tell any lies. He did not mention any bogus programs (e.g. “you can pay maintenance fees at $.30 per point”) or other false claims. In fact, our sales agent is probably a shining example held up for other salespeople to emulate: nice, amiable, well dressed, 6.5 feet tall with 12 extra teeth in his smile.
After we firmly said no and started to leave, we were sent to a manager to “check out.” This person was quite reprehensible. He showed us further discounts off the $75,000. He spoke about the “investment” we would be making, what our “Equity” would be out of the gate, and how our “Equity” would grow over time. Our “investment” would only go up in value.
I got quite angry and blew up at him at this point, calling him out directly on those misrepresentations. His eyes flew open wide as he backtracked, “When I say Equity I mean your equity in future vacation time and how your vacation time would become more valuable as you learn how to use the system wisely.”
He claimed he never said he was speaking about a financial investment and not to put words in his mouth but he actually said these things with no qualifiers until he was pressed to do so . My wife loudly told him off and we got up to walk out. He asked why she was being so rude. In a sick sort of way, it was funny, really.
As our experience shows, a “Bad Apple” is in the eye of the beholder.
Contact Inside Timeshare if you have a story to share. Our standard disclosure is that we know there are honest sales agents selling the product honestly. Deceptive agents harm honest sales agents too. Our concern is the number of agents “pitching heat” to sell points could lead to a decline in sales unless acknowledged and addressed.
Contact Secret Shopper Coordinator Pete Gibbes through Inside Timeshare if you would like to become a Secret Shopper.
We seek to provide timeshare members with a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market, and to educate prospective buyers.
Thank you to our secret shopper and to Pete Gibbes the coordinator for this week’s report, these do help others to be aware and of what to expect when they attend any presentation. As the old saying goes, “To be forewarned is to be forearmed.”
One thing is certain, purchasers of timeshare in Spain do have the full protection of the law, misrepresentation of the product is not tolerated. We also know that many other European countries are reviewing their own timeshare laws in accordance with EU Timeshare Directives designed to protect consumers, many are also looking to Spain and may just adopt their legislation. For too long the timeshare companies have had the upper hand, but the tide is turning.
If you have any comments or would like to share your experiences use our contact page, we would love to hear from you.
Do you have a problem with your timeshare membership, or need to know about any company that has contacted you or you have found?
Again use our contact page and we will get back to you and point you in the right direction.
Welcome to the start of another week with Inside Timeshare, we have had more emails from concerned readers regarding Claims Assistant Bureau, a company we highlighted only last week.
As we know, this company is calling timeshare owners along with those who have had dealings with Eze Group, they claim they have been appointed by the courts to tack down owners who have had money awarded to them and is being held by various courts.
According to Harry Evans and then back up by an email from Mel Rhys, Regency Shores Holdings SL (Eze Group), have recently been in court in Tenerife. The court is now holding a substantial amount which Claims Assistant Bureau will be able to get back for you, for a fee that is.
Another fact is they also claim that they are backed up and guaranteed by The Portuguese Chamber of Commerce, The Bank of Spain and the High Court of Madrid.
Another reader who we spoke with was very suspicious, as the person on the phone was contradicting himself so much it set off alarm bells. Below are the company details along with a link to the article publish on 18 February.
14 Victories in the Courts of First Instance against Anfi
1 High Court judgement against Anfi
2 First Instance victories against Silverpoint
2 High Court victories against Silverpoint
1 First Instance against Holiday Club Finland
1 First Instance against Club La Costa
In all these 21 sentences the contracts were declared null and void, the total claim value has yet to be released, but it is believed to be very substantial.
In further news from the Courts in Maspalomas, another 8 cases have been sent for sentencing at the pre-trial stage. It appears the judges are dispensing with the need for a full trial, which is only good news for the clients. This will result in cases being concluded in a much faster manner, with payouts being much quicker.
Obviously it will not be long before other courts in Spain start doing the same thing, it is obvious now that the laws put into place to protect consumers are solid and are being enforced by the courts.
Have you been contacted by any company mentioned in any of our articles, or one that you have found on the internet or even from an advert in a newspaper or magazine?
Do you want to find out if they are genuine and not sure how to do this?
Have you been told you have a valid claim and want to know if it is true?
Then use our contact page and send us a message, we will point you in the right direction.
Welcome to another Tuesday Slot, this week we publish Part 2 of Manifesto, by another Industry Insider, with the introduction by Inside Timeshares very own Irene Parker.
At the end of last week we received some news from the courts in Gran Canaria, first was the news that the Enforcement / Embargo Team of Canarian Legal Alliance had once again secured a payout for one of their clients. Anfi Del Mar were ordered to deposit with the courts the sum of 49,226.57€ which is a few thousand more than they originally paid. They also received back their legal fees and legal interest along with the contract being declared null and void.
Then it was announced that the Courts of San Bartelomé de Tirajana had declared another 8 Anfi contracts null and void, with a total claim amount of over 400,000€. So some very happy clients indeed.
Now on with our Tuesday Slot.
Another Industry Insider Responds to Manifesto
Manifesto Part I:
Manifesto Part II upcoming: Ourauthor hopes to, “draw public comment for a new Business Proposal to remedy and resolve the issues.”
Introduction by Irene Parker
February 19, 2019
As we learned in Manifesto Part I, considerable effort went into restricting the secondary market. One developer will not allow participation in the company’s voluntary deed-back program if the timeshare points were purchased on the secondary market. The goal is to get and keep the timeshare points in house employing any means possible.
As documented in Manifesto Part I, publicly traded timeshare companies list a viable secondary market as a risk to (their) investors. As baby boomers especially are learning about this timeshare hostage scenario, some families are financially devastated. They are left with no choice but to foreclose. Of the 702families that have reached out to us, 98 are active duty service members or veterans, several disabled. The vast majority have high credit scores. Having to withstand the intimidation and humiliation of foreclosure can be overwhelming, especially for seniors having spent a lifetime paying bills on time.
A Second Insider responds to Manifesto in today’s article. Insider analysis allows timeshare members and owners a glimpse into what goes on behind Wall Street’s timeshare scenes. Wall Street has made light of the well-orchestrated restricted secondary market. It’s just a loan loss provision number. I wish they could spend a day on the front lines listening to family after family explain how they were driven into timeshare insolvency, alleging unfair and deceptive sales practices, a few even to the point of bankruptcy. Most complain they bought additional points promised maintenance fee relief or the ability to sell points that was not forthcoming.
Following are comments from Industry Insider #2 to Manifesto, with responses from Industry Insider #1 (our Manifesto author) interspersed:
Commenter: I appreciate the well-formed Manifesto published last Tuesday, but would like to add some key points. A very important group of companies and individuals played a significant role in helping the timeshare ownership industry evolve/shift into the (points based) industry. The distinction being; now there are very few owners with “real property rights” as the majority of people own a beneficial interest in a club in the form of “crypto-currency” or points.
Anonymous responds; In Wall Street parlance; the Timeshare industry monetized utilizing a derivative – a very smart move. The term “luft” comes to mind. Luft is the German word for “air”. We’ve termed this derivative an RTU or “Termed Length” – Right to Use contract. Right to use timeshare contracts are the most popular forms of vacation ownership sold today. However, right to use (RTU) timeshare, and their agreements, operate differently from traditional deed ownership. Right to use timeshare is exactly as it sounds—you purchase the right to use the timeshare during the period on which you agreed. Unlike deeded timeshare contracts, you do not actually own any part of the property. Instead of a deed or title, you are bound to the timeshare by the terms of your contract. Right to Use contracts often takes the form of a club membership.
The right to use may be lost with the demise of the controlling company, because a right to use purchaser’s contract is usually only good with the current owner, and if that owner sells the property, the contract holder could be out of luck depending on the structure of the contract, and/or current laws in foreign venues. A more important question is; how many points can a (resort) issue to new buyers as 100% of the points are “derived” from the (resorts) land trust ownership of the original deeds? Secondary purchasers of RTU/Points have reported that many (resorts) strip owners’ privileges, access, exchanges and other perks of ownership to discourage and deter secondary market purchases.
This question begins to examine why Club /RTU owners often find that they cannot successfully book accommodations or exchanges unless they plan far in advance (24 months + prior). Because the points/RTU contracts are basically selling ‘air’, the resorts sell many multiples of Points /RTU’s than could ever be accommodated at any given time. As we can see, this Club /Points/ RTU method allows the (Resorts) to sell an infinite number of points when compared to the prior physical simple-deeds.
Commenter: The industry, which upgrades up to 70% of its existing owner base, misleads owners into trading in their deeded intervals for some expansion use of a multi-site developer under the guise of convenience. This opportunity was something that was already afforded to them by the exchange companies.
Anonymous responds; Indeed, the industry quickly saw the future in selling air and swapped out owner’s valuable real estate property deeds for RTU contracts.
Commenter: The industry, already renting some 11M nights and adding 2+Billion in rental revenues (mostly to non-owners), could only be achieved by taking away the “sticks & bricks” of ownership.
Anonymous responds; Thus, creating extreme amounts of actual real inventory that could be rented out without benefitting RTU /Points Owners. Simultaneously, major resorts banned aggregations or collections of Points that could be used for business ventures; I.e. renting the points out.
Commenter: To accelerate this effort of transition, a modernization of laws needed to be created. This started in 2012 when ARDA drafted a sponsored a bill known as the “Timeshare Resale Accountability Act”. What few knew then was that the secondary market was collapsing right along with the primary market in the “Great Recession” – Timeshare developers began stripping various benefits of owners, selling into the secondary market, and imposed great “use” restrictions on those who acquired timeshares in the secondary market (like on eBay or through another resale channel).
As the economy began to improve and timeshare sales rebounded, a new subset of companies emerged. Those companies were called *Trade-in/Transfer groups and many of them worked on the same tables alongside of the teams of resort reps waiting to help those existing owners getting into an upgraded and competitive timeshare program.
Anonymous comments – These were the earliest aggregators working in contact with the developers who were filling their land trusts with the deeds as owners got part exchanged or traded into upgrading for RTUs.
Commenter: What to do with these competitive intervals? Most of these companies ultimately failed as a result of a suppressive business model that was never shared with owners regarding how this created the nominal value factor which some even call negative value. Examples of companies: (Fireside Registry – Catalyst – SumDay Vacations – ALL ARDA members, assisting to provide inventory recovery/aggregator services for resort developers. Each acquired inventory for literally a penny to five cents a point, or sometimes at no cost.
Further, the writer suggests that attorneys are not effective and cannot make the resorts release their owners. This is simply untrue. There are thousands of owner/members who have successfully used attorneys to negotiate a release or litigate for return of monies paid and further, many multi-plaintiff or class actions in which resorts have paid multiple millions back to owners. These all were settled out of court and protected by settlement agreements that have confidentiality clauses and/or have been sealed by the courts, designed to protect developer secrets and activities of unclean hands, they simply do not want owners to know about.
Anonymous Comments – Attorneys that were early were certainly very effective.
The industry richly deserves its worst courtroom defeats. Many large defeats were on the basis of sales misrepresentation, contract misrepresentation, fraud in the inducement, fraudulent credit card/credit line applications and many other examples too numerous to mention.
Most effective examples are when the attorney/client relationship is limited to one timeshare case. Thousands of people have been willed unwanted timeshares as beneficiaries and literally 100% of these get redeemed with no issues and nominal fees. In 2008/09/10 owners who went bankrupt got redeemed without any issues, their personal credit was already damaged. The resorts could not use the leverage of personal negative credit reporting to force payment so “attorneys of merit” handled all of that work, therefore “yes” attorneys of merit are effective in dealing with unwanted timeshare assets.
Sadly, not all Attorneys are cut from the same cloth. Attorneys working on behalf of TPE’s represent a type of faux-Legal Mill. Rarely do attorneys working with TPE’s ever meet, counsel, or in fact speak to the customers. In fact, attorneys working in conjunction with TPE’s seem to be ineffective, due mostly to the overall felonious strategy.
Commenter: Finally, timeshare developers are finding it harder and harder to conduct business around the world *(UK, Spain, South Africa, Canada, others) except here in the United States where powerful lobbyists have used timeshare owners monies thru voluntary contributions to ARDA-ROC, Orange Lake Resort Alliance and other funds from developers to ensure passage of laws that protect the industry from angry consumers who unfairly have not been told the truth about their lifetime vacation ownership purchases.
Anonymous Comments – These lobbying attempts indubitably and with little doubt demonstrate how the industry desperately clings to its massive residual cash-cow after decades of selling a clearly worthless, illiquid luxury product to giddy, undefended, vacation minded, innocent members of the public.
Thank you to both our Insiders. We would appreciate input from the industry, but to my knowledge have refused to admit the secondary market is a problem and that there are thousands, if not millions who have wanted or want to be rid of their timeshare. There are some developers who have responded when we have sent an article for comment. We appreciate developers who will at least respond after members report being financially harmed by unfair and deceptive timeshare sales practices. We hope more dialogue ensues.
Thank you Irene for your introduction and for editing the article, we would also like to thank both our Industry Insiders for their contributions, no doubt we shall receive many more from them.
If you have any comments or questions on this or any article published, Inside Timeshare invites you to use our contact page, or join our Inside Timeshare Facebook Group, use the visit group box to log in, or use our contact page to send in your comments or questions.
If you have a timeshare issue that you would need help with or want to know what you can do, again contact Inside Timeshare, we are here to help and guide you.
Welcome to the start of another week in the world of timeshare, we begin with some news being passed around various forums regarding Anfi. As we know Anfi is contacting members to change their contracts, but the latest is rather disturbing.
The change in contracts is to try and bring them within the law, the new contracts will be for a maximum of 50 years, with apartment numbers and week numbers being allocated to the floating week contracts, although they will remain “floating”.
According to information received, the new contracts will also penalise the members for “early termination” of their membership. Any early termination of the contract will be seen as a serious breach of contract on part of the member, Anfi will then apply a retrospective charge on the member for “hotel Costs” of around 350€ per night for all weeks used.
They have already used this threat to members who may be contemplating legal action in regard to illegal and missold contracts. This is also the subject of an ongoing legal argument, which has yet to be finally resolved.
Another point that has come to our attention is the number of members who have just ceased to pay their maintenance, especially with the new contracts. It is reported that around 100 members in 10 countries are about to have legal proceedings made against them for recovery of the maintenance fee arrears. Plus to have the mentioned “hotel costs” charged against them.
Another point which is irritating some of the members posting on the forums is the problem of resale. According to many posters, Anfi has the right to refuse the buyer of any timeshare sold privately. Again this is to ensure that all resales go through the resale programme, which we know is not very effective and will only command a very small resale price.
As with any timeshare advertised for sale, the price you see is what the owner believes they will get, remember, when purchased, many were under the impression they were investing in property. The sales staff openly told them it would go up in value, as we know this is definitely not the case.
So what do we make of this change in contracts and the other tactics being used?
Simple, by changing to the new contract, you lose all rights to take them to court, this is what Anfi want, after all it is costing them a fortune in payouts. (Which they will deny).
The threat of the “hotel costs” with legal action against maintenance arrears and making it more difficult to sell privately, is again to stem the tide of a significant loss of membership. This loss hits them in the pocket with reduced income of maintenance fees. After all, they are not selling like they used too, people are very wary of purchasing timeshare today.
There were also 2 High Court wins in Las Palmas, again against Anfi del Mar.
Again at the Court of First Instance in Maspalomas, Palm Oasis lost 3 cases.
Over in Tenerife, The Court of First Instance again found against Silverpoint in 2 cases.
In another First Instance hearing, Club la Costa were the ones on the receiving end of a judgement.
In all a massive 27 victories against the biggest names in European timeshare, the total amount claimed on behalf of clients is over 648,000€ with all contracts being declared null and void.
CLA have also issued this video, which shows their impressive record so far, it was made at the end of 2018.
That’s it for today, join us tomorrow for a very special article, this was received by another timeshare insider after we published the article on the Florida Bill 435, tomorrow we publish Part 1.
If you need any help or advice regarding your timeshare, about any company that has contacted you or you have found either on the internet or advert in any publication, then use our contact page. We will be pleased to help.
Also if you have any comments, views or information you would like to share with other timeshare owners, then again use our contact page, we would love to hear from you.
Welcome to the Tuesday Slot, this week we welcome Pete Gibbes, with another Secret Shopper report. Pete as Secret Shopper Coordinator, has revised the secret shopper questions, this is part 1.
But first a quick summary of some news from the Spanish Courts. Canarian Legal Alliance has reported that last week they received eleven (11) new sentences, these were against Anfi Del Mar, Silverpoint and Petchey Leisure. Once again the courts have declared the contracts null and void, plus ordering the return of substantial sums of money to the clients, with this week alone over 340,000€ having been awarded.
Over the next 30 days, CLA have informed Inside Timeshare of the number of trial and pre-trials they have in various courts around Spain, it is a staggering 101! That is certainly keeping the judicial system busy.
Their execution of sentence department headed by Cristina Batista and Judith Diaz Pascual, have filed “provisional executions”, with a total worth of over 6 million euros against all major timeshare resorts.The total value is over 6.000.000,00 € and is against all of mayor timeshare resorts.
These execution orders are made in the interests of the clients and ensure that the resorts payout what they have been ordered to.
Now for this weeks article.
Secret Shopper Questions Revised, the Backstory – Part I
Part II – Friday February 8, Secret Shopper Questions
By Pete Gibbes, Secret Shopper Coordinator
January 29, 2019
I previously wrote about a positive timeshare sales presentation I attended not long ago in Sedona, Arizona. I mentioned that my Diamond Resorts sales agent and manager expressed shock and dismay at the misrepresentations we told them we experienced at a November 18, 2016 Virginia sales presentation. The Sedona agents stated that they were appalled and determined they would go to bat for me by contacting headquarters. I was asked to write out my complaint. Wary but hopeful, I waited. As expected, nothing happened.
To recap what happened at the 2016 Virginia presentation, we attended a member update hoping to learn about how to get rid of 11,500 timeshare points we had previously purchased. After several hours our sales agent had an epiphany. He recalled a new program that would give us the option to sell ALL of our points back to Diamond Resorts! We listened to three more hours of this agent’s version of Grimm’s Fairy Tales. After the sixth repetition, we became convinced this program existed. He told us, (and wrote down on a paper), a figure of $108,000 which was the amount he said we should be able to sell our points back for in three years. While I presently cannot locate the paper with $108,000 written on it, I do still have this agent’s “pencil pitch” indicating a “value” of $72k ($72,420 to be exact if you multiply the 8,500 points proposed times $8.52 per point). A formal proposal containing the exact numbers was presented, but that document is proprietary so we cannot present in this article. Diamond will argue that $8.52 per point represents “retail” not “resale” value, but I contend not disclosing Diamond points are virtually worthless is a material omission. Licensed timeshare brokers I contacted, who do not charge upfront money to list timeshare points, will not accept a listing for Diamond points.
Diamond Resorts has launched a program called CLARITY™ promising clear, concise, transparent and accountable information. This is what I was provided:
At the bottom of this unclear pencil pitch, you see “G 2” and “S 3”, and below that ‘Loyalty 3 ys’. This meant that in 3 years we would have earned enough loyalty to sell the points back at a handsome profit. If we became Gold, we could sell back in two years. According to the sales agent, this new buyback policy was not available to mere Standard members like us who owned less than 15,000 points. We agreed to buy 4000 points for $15,500 to become coveted Silver members in order to qualify for the buyback program.
When I complained to Diamond I was told I did not have sufficient written evidence. I made up G2 and S3?
I remember asking the sales agent how Diamond could afford to offer a $108,000 buyback which could have exceeded our cumulative purchase price plus maintenance fees. He mentioned investment returns Diamond makes on sales. As an MBA and a CFP this made sense to me, as it made sense to George Yamada, a pension administrator who purchased Diamond points thinking he was making an investment. George is an Army veteran, Agent Orange disabled.
It appears I was not the only member excited about how this ingenious new buyback program was going to make their product more attractive to buyers. The sales agent, Mark Wilkerson, no longer works for Diamond, but he explained the program as a brand new Apollo related deal. Apollo Global Management, a private equity firm, acquired Diamond Resorts.
Does Diamond think I would go to this much trouble if I was making this up? Under threat of perjury, I have filed a complaint with the Virginia Attorney General’s office that has been under review.
Unfortunately, I do not possess a video tape of the presentation. This has prompted me to volunteer to be our Secret Shopper Coordinator. I’m on a media binge to warn other timeshare buyers to RECORD THE SALES SESSION! This is legal in Virginia as Virginia, like some other states, is a one party state. I feel this is the only road to true clarity.
Not only did we pay $15,500 for nothing, we incurred additional ongoing maintenance fees and $2,250 in income taxes on a retirement distribution I had to make to pay for the purchase.
I asked for the contract to be cancelled and my down payment refunded. I am asking nothing for my permanent loss of faith in humanity. Like several members of our 2,400 member sponsored Diamond Facebook page, I am disabled. My sole source of income is my SSI disability income. I have learned from our Facebook other timeshare companies also respond to complaints with, “We are not responsible for what our sales agents say,” and “You signed a contract.” I received a certified letter from Diamond’s legal department (Consumer and Regulatory Affairs Officer) asking for written evidence. I provided the pencil pitch above, but even that does not break through the oral representation clause.
Timeshare sales agents are not supposed to deviate from company approved sales strategies, but complaints from timeshare buyers continue to flood the internet, Attorneys General offices, the Better Business Bureau and other regulatory agencies. With little enforcement, we feel members need to take matters into their own hands by becoming Secret Shoppers so we can evaluate for other members how near or far a timeshare sales agent ventures from his or her script.
We have about a dozen Secret Shoppers. We arm our Secret Shoppers with intelligent questions timeshare buyers often forget to ask. It is our hope we can publish some positive Secret Shopper experiences. After compiling over 500 timeshare complaints, we have determined the most popular complaints involve:
Maintenance fee relief programs that do not exist,
The ability to sell points or weeks when there is no secondary market,
Misrepresenting the value of using a credit card to offset maintenance fees,
Having run on for many words describing what was supposed to be a brief introduction to our Secret Shopper questions; Friday, February 8 we will publish our revised Secret Shopper questions as a Part II to this article.
Contact me at Inside Timeshare if you would like to become a Secret Shopper.
We seek to provide timeshare members a way to proactively address membership concerns; to advocate for timeshare reform; to obtain greater disclosure from the company; to advocate for a viable secondary market; and to educate prospective buyers.
Thank you Pete, we look forward to part 2 next month.
If you have any questions or comments about this or any other article, contact Inside Timeshare, we welcome your input.
Do you have any questions regarding your timeshare, how can you get out or if you have a valid claim, then again use our contact page, we will try to answer your questions and point you in the right direction. Remember, not everything you will be told by many of these companies touting for business will be true, most will only be after your money, so do your homework and do your due diligence.
Inside Timeshare has received the following information from Canarian Legal Alliance, going by this news they are certainly having a very busy time.
By the end of last week, 9 November they had 31 pre-trials or full trial in the Spanish Courts, these were on mainland Spain and the Canary Islands. They also filed 44 new cases with the courts, so the judges are going to be busy for a long time yet.
They also last week received sentences in for the following:
In total they recouped over 206,000€ for their clients plus all the contracts were declared null and void, leaving the clients timeshare free.
It is also becoming more common for the judges at the courts in Gran Canaria of not sending the the cases to a full trial, but issuing their sentences after the pre-trial. It was also announced that one judge in Tenerife has also followed suit and will not be sending the case for a full trial, but will issue his judgement in due course. This is obviously speeding up the process and is good news for the clients.
This week has also started on a good note with judgements issued on the following dates:
In the Court of First Instance in Maspalomas there were two against Anfi, again no trial but issued after the preliminary hearings, the first was issued 1 month after and the second was issued in just 7 days. The clients are to receive over 112,000€ and 31,000€ respectively.
In the High Court in Tenerife, Silverpoint were on the receiving end with the order to return over 15,000€ to the client and the contract being declared null and void.
On 13 November, again after a pre-trial the judge ordered the return of over 23,000€ and a German client will receive back over 103,000€, both Anfi contracts have also been declared null and void.
Anfi once again have been on the receiving end of 2 more judgements at the Courts of First Instance in Maspalomas, the infringements of the timeshare laws were perpetuity and floating weeks. The first client has been awarded 0ver 53,000€ plus legal interest. In the second this client has been awarded over 45,000€ which includes double the deposit paid, plus legal fees and interest.
Another timeshare company was also ordered to repay over 36,000€ plus legal interest for a perpetuity contract. This contract with Puerto Calma was also declared null and void.
So there are some very happy ex-timeshare owners, who will be celebrating this week.
Canarian Legal Alliance also announced this week they have broken another record, they have received their 300th sentence against various timeshare companies so far this year, with still just under two months left to go. This is double the number they achieved last year and equates to more than 1 a day. The total amount awarded in these sentences is a staggering 10.8 Million Euros.
This is just for timeshares sold in Spain that have infringed the now strict timeshare laws, for clients of timeshares purchased elsewhere in the world there is another branch to CLA, this company is called CLA International FZE and their head office is located at:
With branches spread around the world and a network of International Lawyers who specialise in timeshare litigation, they are opening the doors to many more timeshare owners who are in need of specialist help. Obviously with the success of the Spanish lawyers it will not be long before we start to see this spread to success in other parts of the world.
Welcome to The Tuesday Slot, this week we welcome another new contributor Wilma Miller with her “Nightmare on Timeshare Street” and her Buyer Beware article. First we have a quick round up of European news.
October is now with us and in the next few months the annual maintenance bills will be arriving, this will also bring in many calls from “companies” offering cancellation of contracts and claims against timeshare resorts. The warning is beware the fantastic offers these will come out with, from the guaranteed cancellation and the promise of no win no fee claims.
As usual it is important to do your due diligence before engaging with any company, that means check and check again. There are many questions you should be asking yourself:
How long has this company been operating, can they actually have done what they state in the time they have been working?
If they are offering “no win no fee” claims, how are they going to claim?
In order to do the claim do they want money upfront to cancel the contract first?
Are they going to sell you another product?
What lawyers are they going to use if taking the case to a Spanish Court?
Can these lawyers be verified as genuine and registered with their relevant bar associations?
If you need help in answering any of these questions, then use our contact page and Inside Timeshare will point you in the right direction.
The Courts of First Instance in Maspalomas began the month with another ruling against Anfi, in his ruling the Judge of Court No 4 declared the contract null and void, this was on the basis that the contract was longer than the stipulated maximum of 50 years as required by Law 42/98. The judge also awarded double the deposit paid within the cooling off period as this is also in breach of the law, in this case the German client has been award over 66,000€ plus legal interest.
Last month ended with a bang for Canarian Legal Alliance with a total of 18 sentences being issued in various courts ranging from First Instance to High Courts, there were also 6 provisional executions of sentences whereby Anfi has been ordered to deposit over 184,000€ with the court. These provisional executions of sentences will speed up and ensure prompt payouts for the clients.
All contracts were declared null and void and the total awarded was over 286,000€
It would also appear that Abogados Lopez another fake law firm has become active again, with calls to existing CLA clients telling them that they have taken over their case from CLA. Beverley Pritchard is another new new name along with Ricardo Sanchez.
0044 1291 440 500 which is a Chepstow code, although when trying to call this number back a recording states the number does not exist.
If you are an existing client of Canarian Legal Alliance and receive a call from any of the names or numbers above including the original name of Hope Brugge, do not pay them or give them any information, they may sound credible, but are a complete scam.
Now for our Tuesday Slot.
A Buyer Beware Timeshare Experience
By Wilma Miller
October 2, 2018
We first encountered Diamond Resorts while on vacation June 2017. Their people knocked us off our feet with free tickets to a show, and switched us from the Stratosphere to Diamond’s Polo Towers Suites. They even picked us up in a limousine! All we had to do was attend a 90 minute presentation. It’s easy to catch people off guard while on vacation.
Looking back, I believe the presentation room was designed to be noisy and crowded. The 90 minutes turned into hours. I am 78 and my husband James, a Vietnam Army veteran, is 75. As the hours wore on we became more tired and more confused. The presentation began about 11 a.m. and lasted all day.
James has health issues. He was not feeling well after several hours had passed, but the sales agents just kept on. It did not even register when we mentioned his health issues. Sales agents Ninmar N and Diana C were vague on how the program worked. They were vague on the cancellation procedure, and the payment procedure. We felt pressured into signing and we were not allowed enough time to read the documents. They showed us the documents as they explained what was in them, but did not give us a chance to actually hold or read them before we signed. They hurried us through the signing process by placing papers in front of us, telling us what it said, asking us to sign. We later received a copy.
They had said we were eligible for a senior package. We’ve learned there is no such thing called a senior package. We did not know the maintenance fees would be so high. We did not even know we had purchased a timeshare. Jim kept asking if this was a timeshare. They never admitted it was.
We bought 3000 points. They charged $14,000 to two Diamond’s Barclaycard. We were not aware we had opened the cards, much less that the cards had been charged. We repeatedly told the sales agents we were not interested, but they kept insisting we sign the contract.
After the signing process, they placed the Diamond Resorts U.S. Collection Public Offering Statement in our packet. We were not given an opportunity to even see what it was, much less read it. They said no one ever reads it. When we looked at it later it said right on the front – THE PROSPECTIVE PURCHASER SHOULD READ THIS REPORT BEFORE SIGNING ANY PAPERS!
In our opinion, the biggest deception of all was when they told us the payment would be $80 per month with no interest and Diamond Resorts would invoice us for the payment. This is in complete contrast to what has since transpired. Instead of one payment of $80, there are two payments, making it double the price they told us.
We received two Diamond Barclays Bank Credit Cards in the mail. As I mentioned, we were not even aware the cards had been opened. One Barclaycard was in my name and the other in James’ name. Neither agent mentioned credit cards during the presentation. They said we had to fill out an application to see if we would qualify. We never received a copy of the application.
To add insult to injury, the credit cards had no interest charges until now. Now the two payments are too much for us to afford.
After we received the high maintenance fee bill and credit cards, we went back for our orientation August 2017. We told them several times that we wanted to cancel or sell the timeshare. We said we wanted out. When we told one person, they would get another person to talk to us. They tried to sell us an upgrade even when we said we could not afford what we bought! We talked to several sales people, but they ignored our concerns. It was obvious to us they did not care. We never saw our original sales agents. Despite being told it was an orientation, we received no training or explanations.
We complained to Diamond Resorts directly. They dismissed our claims out of hand. They expect us to pay for something based on being told:
This was a great financial investment that would increase in value,
There were tax benefits as owners,
We could easily sell it,
Diamond had a buy-back program but recommended we never use it because we would lose all our points,
We would have a personal representative or coordinator assigned to us. They said this several times. We never heard from anyone, much less a personal representative or coordinator.
They did not tell us:
How much vacation time we would get. We kept asking the sales agents but never received an answer. They bypassed every question.
We received 3000 points, but when we asked how we could use them, they gave us a confusing run around.
When we asked about maintenance fees and other fees, they avoided answering our questions by changing the subject.
We have sent a letter saying we cannot and will not make payments. We received a lot of collection calls. We sent a letter asking that the calls be stopped. They did stop. We had a high credit score before this. We stopped making payments around March. We received a form saying they would settle for a lower amount. They were talking about the Barclaycard.
James has been diagnosed with cancer. It’s hard enough growing older without having to go through this. How many seniors will be harmed and harassed before lawmakers and Nevada regulators do something to stop this? We fear it will never stop, so the best we can do is write about our experience, hoping it will help others.
When I submitted this article to Inside Timeshare, I was told about this member sponsored Diamond Resorts Members’ Facebook page. I wish I knew about this Facebook before we got ourselves into this. It’s been a disaster.
This article was written and submitted by Wilma Miller. We invite Diamond Resorts and Barclays to respond. We publish member accounts, good and bad, in an effort to warn the general public to know what they are signing and what they are buying.
That’s it for today, remember to do your homework before engaging with any company that has contacted you or one that you have found on the internet. It must also be pointed out that just because a company advertises in a prestigious publication, the radio or the TV, this does not mean they are genuine, these are sold advertising spaces, the marketing companies that sell them do not check on the authenticity of the company advertising. They will also publish a disclaimer, that they are not responsible for the content or authenticity of the advertiser.
If in doubt, use our contact page and we will be pleased to help you with your checks.